Overview
The past three months have witnessed judicial endorsements of ADR by both the first instance and appellate courts of England and Wales. Internationally, such endorsement has been echoed by the European Court of Justice in relation to mandatory mediation in Italy. In the commercial sphere, latest figures show that mediation has been deployed with success to assist with high profile disputes concerning Lehman-related claims in Hong Kong. In Europe, we edge closer to implementation of the Mediation Directive, with guidance recently published by the European Commission.
This bulletin from Herbert Smith provides details of and analyses these developments.
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